(b) that was acquired by the taxpayeri. in circumstances where an election was made under section 518 or under the first paragraph of section 529 and the amount agreed on in that election in respect of the property was less than the fair market value of the property at the time it was so acquired, and
ii. from a person or partnership with whom or with which the taxpayer was not dealing at arm’s length and for which the incorporeal capital amount in respect of the acquisition of the property cannot be determined.